Clear Your Record With A Dallas Expunction Attorney
Many people have the misconception that if they are found “not guilty” or their case is dismissed or never filed, the records no longer exist. This is not true.
Because of the Texas Open Records Act, arrest records can also be obtained by the public for private use. This means future employers and landlords can easily discover your prior criminal record by simply searching for your name via the websites of local counties or businesses like PublicData.com.
Obviously, you do not want future or current employers and landlords to find out about your past legal problems, especially when they don’t have to know! Why? Because when they discover that you have a criminal record, they will simply move on. In their mind, you have a criminal history and they want no association with that.
The Law Office of Kimberly Griffin Tucker, P.C., will assist you with all aspects of your expunction so that you can clear your record once and for all.
Did you know that you may be eligible for a full pardon if you successfully completed a deferred adjudication?
What Can The Expunction Process Accomplish?
Once an expunction is granted, your criminal record is erased. This includes the erasure of:
- Fingerprints
- Booking photos
- The arrest report
- DPS records
It will be as though the arrest never occurred.
What is eligible for expunction? To name a few: cases that resulted in dismissals, declines or “not guilty” verdicts are eligible for expunction; So are Class C deferred dispositions.
Is An Old Criminal Record Getting In The Way Of Your Goals?
Your criminal record can significantly impact employment opportunities, housing opportunities and many other opportunities. Unless you follow specific procedures to ensure the privacy of your record, the public may have access to information about prior arrests, charges and criminal proceedings – even if you weren’t convicted.
The Law Office of Kimberly Griffin Tucker, P.C., in Dallas, Texas, assists eligible clients through the process of expunction (also known as expungement) or an order of nondisclosure. Both processes can be invaluable to your future.
Why Irrelevant Criminal Records Do Not Go Away On Their Own
Criminal records have a way of causing lasting damage, even if your case was dismissed or you were found not guilty. This is because records relating to an arrest or even a criminal charge are created at the time of arrest and forwarded to the Texas Department of Public Safety. They, in turn, maintain a database called “TCIC.” TCIC tracks arrests and dispositions of cases that follow an arrest and reports this information to the national criminal information system called “NCIC.”
In addition to TCIC and NCIC, many county and district clerks’ offices maintain local computerized databases that contain records of arrests and case dispositions. Clearing this mountain of duplicated records can be tricky unless you have the help of a good attorney. That’s why you should call Kimberly Griffin Tucker.
Answers To Common Questions About Expunction
This can be a difficult process to understand, especially if the concept is new to you. Keep reading for answers to some of the more common questions attorneys receive.
Who Is Eligible For An Expunction?
Cases that resulted in dismissals, declines or “not guilty” verdicts. Class C deferred dispositions are also expunction eligible.
How Do I Know If I Am Eligible?
If you think your criminal history contains past allegations that are suitable for expunction, call Kimberly Griffin Tucker. She will be happy to evaluate your case for a nominal fee.
How Long Does This Process Take?
The expunction process usually takes a few months from start to finish, which means the system is not very responsive to individuals needing a quick fix or a cleanup of their arrest record. However, the effect of a properly completed expunction is well worth the wait.
What Is The End Result?
Following entry of an expunction order, the release, dissemination or use of the expunged records and files for any purpose is prohibited. The petitioner may deny the occurrence of the arrest and the existence of the expunction order.
However, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, the petitioner is permitted to state only that the matter in question has been expunged.
What Happens If Someone Violates The Expunction Order?
A person who learns of an arrest while an officer of a listed agency and who knows of an order expunging the records and files relating to that arrest is guilty of an offense if he knowingly releases or uses the records or files.
Further, a person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged is also guilty of an offense. Violating an expunction order is a Class B misdemeanor.
Keeping Your Past Private With Orders Of Nondisclosure
Anyone can experience trouble with the criminal justice system. But after successfully resolving those issues, you should be able to put the past behind you and participate fully in daily life again. Unfortunately, having any sort of criminal record can haunt you for years. A criminal record can make it much harder to get a job, a good place to live and access to student loans.
You can’t change the past, but you may be able to keep it private. People who successfully complete a program of deferred adjudication community supervision may be eligible for an order of nondisclosure. This doesn’t get rid of your criminal record, but it keeps it hidden from employers and others who might discriminate against you based on your record.
When you contact The Law Office of Kimberly Griffin Tucker, P.C., Mrs. Tucker may be able to help you rebuild your reputation by petitioning the court for an order of nondisclosure.
The History Of Nondisclosure And Deferred Adjudication In Texas
In the past, people who pled to deferred adjudication probation were told they would not have a criminal record. They were shocked when their criminal histories began to haunt them. They found that they were not eligible for expunction, so their arrest records became permanently available for public knowledge.
After years of no relief for this problem, a solution was finally created on September 1, 2003, in the form of nondisclosure. This new law permitted the court to seal a successfully completed deferred adjudication community service/probation from public knowledge. However, in order to obtain an order of nondisclosure, you must request it formally.
How The Law Office of Kimberly Griffin Tucker, P.C., Can Help
Attorney Kimberly Griffin Tucker assists individuals who have successfully completed deferred adjudication, community service or probation in Texas and are eligible to petition for an order of nondisclosure. In fact, Mrs. Tucker was the first lawyer to file an order of nondisclosure petition in Denton and in Denton County when it came to pass in 2003. Over the course of time, she has become very well-versed in this area of the law and will work hard to get your nondisclosure approved by the court.
Once granted, a nondisclosure prohibits DPS (which maintains these records) from giving this information out to the companies that want to buy your criminal records and make them available to the public. A nondisclosure also allows you to deny the occurrence of that arrest and prosecution unless the records are being used in subsequent criminal proceedings. It is important to note that government agencies will still have access to records that have an active order of nondisclosure. Therefore, if pursuing employment with a government agency, they will likely become aware of the record.
Are You Eligible For An Order Of Nondisclosure?
Eligibility depends on what level of offense you were charged with. Additionally, some criminal offenses have a waiting period and you can lose your eligibility for nondisclosure if you get into trouble again (like you receive a subsequent conviction or deferred adjudication – this does not include traffic violations).
The best way to understand your options is to speak to an experienced attorney like Mrs. Tucker.
It Is Important To Work With A Skilled Attorney
The expunction process is not a quick fix, but it is the only fix for cleaning up old mistakes. In fact, it can take a few months from start to finish, which means the system is not very responsive to individuals needing a quick fix or a cleanup of their arrest record. However, the effect of a properly completed expunction is well worth the wait.
To ensure that the process isn’t slowed down or left uncompleted due to errors or omissions, it is important to seek help from an experienced attorney like Kimberly Griffin Tucker. She has the knowledge you need to complete the process as efficiently as possible.
Contact The Firm Today To Get Started
If you think your criminal history contains past allegations that are suitable for expunction, contact The Law Office of Kimberly Griffin Tucker, P.C., today. Simply call 972-833-8246 or fill out an online contact form. Mrs. Tucker will be happy to evaluate your case for a nominal fee and, along with her staff, she will immediately begin helping you in sealing or expunging your record.